Shala's defence with complaints after SPS met witness one day before testimony

At the Special Court, the trial is continuing against former Kosovo Liberation Army member (UÇK), Peter Shala. In the quality of the expert, Marek Gasior, a prosecution witness, will testify to the court without protection. During yesterday he has held a meeting with the Specialised Prosecutor's Office (ZPS). Peter Shala's lawyer, Jean-Louis [...]
During yesterday he has held a meeting with the Specialised Prosecutor's Office (ZPS).
Peter Shala's lawyer, Jean-Louis Gilissen, said they were surprised they were informed yesterday after lunch and received a copy of the official note for this meeting.
According to him, there is also a new declaration that is not included in the list of materials that the ZPS has offered defence on 23 June 2023.
Shala's defender has said that providing new materials by an expert witness on the eve of his testimony is violation of the accused's rights.
According to the lawyer, they have not had time to receive instructions from their client, Peter Shala, concerning the new elements, so they consider this unacceptable.
“We were very surprised that yesterday after lunch they were informed and received a copy of a formal note of a meeting with Mr. Gasior about a meeting held yesterday between this witness in the quality of the expert and SPS. The so-called note concerns a new interview or statement with this witness, this interview was not on the list of materials given to the SPS protection Friday 23 June 2023. The defence notes the importance of searching for and finding the truth, the defence also notes relevant findings for familiarisation of witnesses the court has released on February 24, 2023. However, providing new materials by an expert witness on the eve of his testimony is a violation of the accused's rights. Once again, the defense is faced with a certain fact, we begin today with witness testimony, so the defence has not been given time to properly examine the elements of this witness's testimony as an expert, he said.
Shala's defence has unveiled some of the new information involving the new document, which was handed over last Friday, while it has required sufficient time to prepare against their questions against this witness, which, according to him, takes 40 hours.
There are some new details in our opinion on this note, page 1 points four where the sentence caused by 3 bullets and so far the expert talked about 2 bullets, maybe 3, but we also have the time sequence of gun shooting that is the time of injury and the cause of death is something very new to us and if maybe we can deal with our expert council. The defense needs an expert supplement in order to address these new elements”, he stressed.
Peter Shala also said he is not informed of the new letter until he added that it is his right to announce changes.
And according to prosecutor Pergolo, at yesterday's meeting with the expert has requested clarification in order for the testimony to be effective and clear.
“Dictions between the calling side and the witness as an expert can be developed at any moment before this witness's call. Unlike, there are no restrictions imposed by the SPS as a calling subject to meet with its expert before calling testimony. During yesterday's meeting we've just asked for clarification, as far as meetings made with expertise, which act of defence expertise has long been there, and we haven't discussed new issues, discussed issues that are not new, the idea is that the evidence is more efficient and clear. Of course, they've been treated as getting out of evidence and the evidence presented so far”, the prosecutor said.
While according to the victims' defender, Simon Laa, such a meeting does not have to be rejected.
On the other hand, Peter Shala's lawyer has stated that last Friday they have also announced that they are not allowed to question the next SPS witness.
He has considered this country a defender.
The subx0> The shield was announced Friday that it will not be allowed to question the eighth prosecution witness before this court. We think this is vulnerable to us, the delayed announcement of these changes also has an impact on how the defence has chosen to confront the next witness, and we think that this is vulnerable to protection and we think that changing the prosecution at the last moment denies the valid time it seems absolutely necessary in such a way as to add to the element of its presentation... Our request is that the prosecutor's case can only be considered if there are new elements, of course, since the ruling is made to authorise the appeal, and we submit to the court that until the release of this decision, it will take a time from“, he said.
The court ruled that the SPS will start questioning the next witness in the quality of the expert, Marek Gasior, and protection today contact the expert as I proceed with her questions tomorrow.
And we're going to start today with a question from the Prosecutor and a question from the protector of the victims, if there are any questions, it's certainly not the juro's duty to intervene with the interior of the defense, but the court suggests that you contact today at the earliest possible moment with the expert, one of the defense can contact you, and then I'll start asking you a question after the day at 1:30 p.m. and we'll organise two hearings”, the chief regime said, Mapie Veldt Fogia.
In this session, Peter Shala has said he is not informed of anything about the new document.
I don't even understand what the difference is, but I think according to the law that I'm entitled to understand what's been done and you have to come to me and understand what it is, and I don't have a consultation with a lawyer, or I haven't consulted, nor was it explained to me what the statement of today's witness was made yesterday is not, I think it's fair for me to at least be informed about what my life is in question here”, he stressed.
After that, Shala's defence has later demanded that witness testimony be postponed until the afternoon part of today's session, in order to meet Shala.
In my opinion before hearing witness testimony today is necessary to speak with Mr. Shala, I request that today we postpone the statement of the witness's statement for the afternoon session so that we can go to the detention center where Mr. Shala is, I think it is appropriate to postpone session<1>, he said.
Meanwhile, the Specialised Prosecutor's Office has rejected the postponement of questioning their witness.
And then the court decided to start questioning today's SPS witness by the prosecution and during the break have the chance to contact Peter Shala to announce the new issues.
And because of a technical problem after the witness's testimony failed to hear Peter Shala, the session continued on pause.
The Specialised Prosecutor's Office has announced that they have planned about three hours of questions for international expert Marek Gasior's witness.
In March it has begun presenting evidence of the Specialised Prosecutor's Office in the Shala case, where six witnesses have been heard so far.
Peter Shala has been staying at The Hague since March 2021.
According to Special “The crimes Shala is accused of were carried out approximately between May 17, 1999 and June 5, 1999, against persons who were detained at the metal factory in Kukes Albania, allegedly used by the Kosovo Liberation Army”.
Peter Shala was arrested on March 16th 2021 by Belgian authorities and transferred to The Hague on April 15th that year, on the basis of a requirement for co-operation in implementing the arrest and command for transfer issued by Kosovo's Specialised Chambers. /KP/.












